Introduction to the Human Rights Strategy

Transcription

1 Introduction to the Human Rights Strategy Human rights apply to everyone, always and everywhere. They apply in Sweden and in other countries. This ought to be obvious, but we live in a time when the protection of and respect for human rights in the world at large is being weakened and questioned. This makes it particularly important that international human rights conventions and norms are taken very seriously. The Government of Sweden s goal for its human rights policy has been set ambitiously; namely to guarantee full respect for Sweden s international commitments on human rights. As part of its work towards this goal, on 13 October 2016 the Government adopted this strategy for its national efforts on human rights. Through this strategy, the Government has established a platform for its continuing efforts towards achieving this goal. The implication of the strategy is that compliance with Sweden s international commitments on human rights cannot be taken for granted in either the short or long term. Instead, further steps must be taken towards a coherent structure for the promotion and protection of human rights. In this strategy, the Government has formed the assessment that a coherent structure ought to consist of the following parts: Strong legal and institutional protection for human rights by means of an independent institution for the protection of human rights; Coordinated and systematic work with human rights within the public services sector; and Strong support for work with human rights in civil society and in business. This publication is an abridged version and contains the Government of Sweden s strategy for national work with human rights. The Government s

2 complete, unabridged strategy also includes a progress report on Sweden s international commitments on human rights (Part II). This publication is also available in Swedish. It is my hope that these publications will be disseminated widely. For it is together that we can build a strong society with full respect for human rights. Alice Bah Kuhnke Minister for Culture and Democracy

3 Table of contents 1. Preparatory inquiry A policy based on Sweden s international human rights commitments The Government s strategy for national efforts with human rights A coherent structure for promotion and protection Further steps towards a coherent structure A strategy rather than an action plan Strong legal and institutional protection of human rights A national human rights institution Enhanced legal protection through the incorporation of the Convention on the Rights of the Child Overview of the application in Sweden of the EU Charter of Fundamental Rights Coordinated and systematic work with human rights within the public services sector The responsibility of government agencies for human rights Work at the national level Improved convention implementation reviews Human rights education for state employees Translation of rulings by the European Court of Human Rights Work at the municipal and regional levels Agreement with the Swedish Association of Local Authorities and Regions Human rights as an integral part of the county administrative board s work Efforts in schools, higher education institutions and adult education Overview of access to educational material in schools Overview of how human rights are respected in some higher education programmes leading to a professional qualification Efforts in adult education Strong support for work with human rights in civil society and in business Improved consultation with civil society The Government s action plan for business and human rights State-owned enterprise The Government will monitor and evaluate the strategy... 59

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5 1. Preparatory inquiry The Government of Sweden (the Government) has previously presented two human rights action plans. In 2002, the Government presented the official communication A National Action Plan on Human Rights (Skr. 2001/02:83) to the Riksdag. The Action Plan referred to the period In 2006, an equivalent action plan for the period was presented (Skr. 2005/06:95). As part of the implementation of the latter of these two action plans, the Government established the Delegation for Human Rights in Sweden (the Delegation), tasked with inter alia submitting proposals on how support for efforts towards full respect for human rights in Sweden should be framed (Terms of Reference/dir. 2006:27). In October 2010, the Delegation submitted its final report Ny struktur för skydd av mänskliga rättigheter (SOU 2010:70) (New structure for the protection of human rights). This report was subject to a consultation procedure, and a summary of responses is available from the Ministry of Culture (Ku2015/00006/DISK). After the implementation period of the action plan, the Government appointed an evaluator (the Evaluator) to evaluate the action plan, and on the basis of this evaluation to provide recommendations for continued systematic work with human rights at the national level (Terms of Reference/dir. 2009:118). In March 2011, the Evaluator submitted his report entitled Samlat, genomtänkt och uthålligt? En utvärdering av regeringens nationella handlingsplan för mänskliga rättigheter (SOU 2011:29) (coherent, well-planned and sustainable? An evaluation of the Government s national plan of action on human rights). The report, which does not contain any proposals but only recommendations for national work with human rights, has not been subject to a consultation procedure. In November 2015, the Ministry of Culture held an open consultation meeting with civil society organisations on the Government s new strategy for human rights. The minutes from the open consultation meeting and the written comments from the organisations that were subsequently received are available from the Ministry of Culture (Ku2015/02543/DISK). This strategy for working with human rights at the national level deals with parts of the Delegation s proposals and the Evaluator s recommendations. Those parts that are not dealt with here may be the subject of further inquiry in another context. Ministry of Culture 7

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7 2. A policy based on Sweden s international human rights commitments Human rights are a key part of international law. They are fundamental to the maintenance of peace, security and sustainable development in all its dimensions, and constitute a global agreement on the inviolability of human dignity. They represent a promise to future generations that the hard-won lessons from the twentieth century have not been in vain, but that the international community has been able to translate those lessons into a stable international legal structure. The UN Universal Declaration of Human Rights of 1948 entrenched not only the central role of human rights for the international community, individual countries and individuals, but also the close connection between human rights, democracy, and the rule of law as fundamental for freedom, justice, and peace. After the Second World War, this connection created a new, common foundation for the international community. It was followed by the legally binding International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights. Subsequently, within the United Nations, a number of instruments for the protection of particularly vulnerable individuals were developed in areas in which a special need for protection had become apparent. A majority of the world s states have acceded to these instruments, including Sweden. These instruments include the Conventions on the Rights of the Child, on the Rights of Persons with Disabilities, on the Elimination of All Forms of Discrimination against Women, and on the Elimination of All Forms of Racial Discrimination, as well as the UN Declaration on the Rights of Indigenous Peoples. In various regional forums around the world, intergovernmental commitments have deepened. This is particularly true in Europe, where work on these conventions undertaken through the agency of the Council of Europe has been of great importance. The European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) and the various protocols to the Convention today form a powerful and important framework for all the Council of Europe s 47 member states. Through the rulings of the European Court of Human Rights, the content of the European Convention has been clarified in a way that has resulted in its relevance and topicality being gradually strengthened. Ministry of Culture 9

8 Cooperation within the European Union has resulted in an additional dimension for the protection of human rights in Europe. Provisions concerning the protection of human rights were introduced early within Union law. With the entry into force of the Lisbon Treaty, it is now explicitly stated in the Treaty on European Union that the Union must be based on respect for human rights. Furthermore, the Treaty states that fundamental rights, as guaranteed by the European Convention and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law. Through the Lisbon Treaty, the Charter of Fundamental Rights of the European Union became legally binding. A number of conventions have also been developed within the UN s International Labor Organization (ILO) with a special focus on the rights of workers. Sweden s compliance with these conventions is an issue for the whole of the public services sector The ultimate responsibility for Sweden s compliance with its commitments under these conventions rests with the state. In practice, work to ensure compliance with these conventions is carried out in national and regional as well as municipal public service activities. For example, public actors must act in accordance with Sweden s convention commitments concerning political and civil rights as well as economic and social rights. These issues arise on a daily basis within the judicial system, social services, schools, health care, and other forms of social services. Certain groups, such as children and people with disabilities, also have special rights of a political and civil as well as economic, social and cultural nature which must be heeded by public actors. This means that work with human rights is not just a matter for the state and cannot either be side-tracked or limited to short-term projects and limited initiatives. Instead, this work must be carried on in a structured and systematic way and form a natural part of each affected activity s work with quality assurance and compliance. In the same way as respect for Sweden s convention commitments form a natural part of the statutory powers of the Riksdag and the Government, such respect must constitute a profound and fundamental respect for human rights in the routine activities of municipal and regional as well as central government agencies. 10 Ministry of Culture

9 An important work-in-progress Working in a structured and systematic way with human rights is by no means new. Methodology development and quality assurance as well as skills development and education have long been actively pursued in state, regional and municipal activities. The key parts of this work have been described in, and elaborated on, in the Government s two previous Action Plans for Human Rights. Added to this, since the 1990s developments in the law have resulted in international standards on human rights having a greater impact in the application of the law. Sweden now has two international or supranational instruments on human rights the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union which are directly applicable in Swedish law. Sweden s compliance with these conventions cannot be taken for granted However, Sweden s observance of these conventions cannot be taken for granted. The recommendations that Sweden receives regarding Sweden s compliance with the conventions suggest that assuring full respect for Sweden s international human rights commitments is a burning issue of today. Government agency audits and reports, and the view on reality that civil society provides also show that rights violations do occur. For example, the Ombudsman for Children in Sweden has a statutory task to promote the implementation and monitoring of compliance with the Convention on the Rights of the Child, and reports on this annually to the Government. But even more important is that we live in a time which, more than ever, demands that international agreements and standards on human rights are taken most seriously. These were not adopted for the easy years, when peace and human understanding could be taken for granted. On the contrary, they were written to limit and guide us in times when our ability to see each other as part of the same greater humanity is in danger of failing. We therefore need to mainstream a perspective within our own country as well as the world around us, and our gaze should be fixed five, ten or twenty years into the future. For a number of decades now, Sweden s policy development and priorities have been, to a large extent, in harmony with Sweden s convention commitments. For example, Sweden s commitments on equal treatment irrespective of age, sex, ethnicity, religion or belief, sexual orientation, gender Ministry of Culture 11

10 identity or gender expression are compatible with the overarching political values that have the support of the Riksdag and Sweden s local government councils. The same applies to Sweden s commitments on the rights of the child and the rights of persons with disabilities, national minorities and indigenous peoples, and on sexual and reproductive health and rights. But it cannot be taken for granted that this will remain the case in the long term. There are clear trends, in Sweden as well as in the world around us, whose political currents are affecting us to the highest degree, and which may mean a political development that is not as obviously in tune with Sweden s convention commitments on human rights. If we were to see such a development, the structures which we have established in order to safeguard Sweden s convention commitments must not fail. Within the EU today, there are countries that are being criticised from a number of quarters for their lack of respect for the rule of law and international conventions. Extensive discrimination, of the Roma in particular, continues to occur in several Member States. With greater diversity in the population, new issues on treatment and equality within municipal services arise. These may involve determinations that might not always be entirely straightforward, but demand great sensitivity and pragmatism as well as integrity and wise political leadership. If these issues were instead to be handled on the basis of prejudice or hostility, antagonism within our society would not only be amplified, but there would also be a risk that Sweden might not comply with its convention commitments on human rights. Globalisation and digitalisation mean that the voices of those who want to undermine human rights, democracy and the rule of law in other parts of the world are also impacting Sweden. When forces within the international community that question the universality and legal status of human rights are growing in strength, this not only entails a long-term threat to respect for our convention commitments but also gives succour to corresponding forces in Sweden. A new goal for human rights policy In its budget bill for 2016, the Government proposed that human rights should be given an autonomous goal, tied to the Riksdag, namely, to ensure full respect for Sweden s international commitments on human rights. The Riksdag has adopted this goal (Government bill/prop. 2015/16:1, 12 Ministry of Culture

11 Expenditure area 1, Report/bet. 2015/16:KU1, Written communication from Riksdag/rskr. 2015/16:62). The new goal is the basis for the Government s national efforts with human rights. The goal clarifies the link between these efforts and Sweden s international commitments. It stresses that it is a key task of the Government to ensure compliance with Sweden s international commitments in all parts of the country, in all parts of the public sector, and at the national, regional and municipal/local levels. The new goal is intended to cover all types of obligations under Sweden s international commitments. This includes obligations to respect, protect and fulfil human rights or, as also expressed, protect and promote these rights. These concepts reflect that a convention commitment can mean an obligation under international law to both refrain from certain actions and actively take certain other actions. Besides its convention commitments, Sweden s international human rights commitments also include other norms binding under international law such as customary international law and the decisions of international organisations binding under international law. Since international human rights commitments are largely codified in conventions, in the first instance, however, the goal refers to compliance with the conventions that Sweden has ratified. Consequently, in this strategy the terms convention commitments and convention compliance are used, respectively, as umbrella terms for Sweden s international human rights commitments and Sweden s compliance with the same. Ministry of Culture 13

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13 3. The Government s strategy for national efforts with human rights 3.1 A coherent structure for promotion and protection The Government s assessment: In order to ensure full respect for Sweden s international human rights commitments, a coherent structure for the promotion and protection of human rights needs to be established. Such a structure ought to consist of: - strong legal and institutional protection of human rights; - coordinated and systematic work with human rights within the public services sector; and - strong support for work with human rights in civil society and in business. The Delegation s assessment: Essentially corresponds to that of the Government. The Delegation s view is that a comprehensive approach is lacking in Sweden s work with human rights, that coordination is limited, and that the connection to Sweden s convention commitments is weak. The Delegation finds that the initiatives taken in different parts of the public services sector are not coordinated and are rarely potent. The Delegation emphasises the importance of a structure being established that can sustainably, and based on Sweden s international commitments, protect and promote human rights. Based on the assessment in the background analysis, the Delegation has submitted a series of proposals that, taken together, would form a structure for the sustainable protection of human rights, such that each part is founded on and reinforces development within each of the other parts. The consultation bodies: The consultation bodies welcome or have no objection to this overarching structure for the protection and promotion of human rights. The Evaluator s assessment: Is consistent with the position of the Government in terms of the importance of a comprehensive approach and a structure for the promotion and protection of human rights. Reasons for the Government s assessment The Government s view is that national work with human rights ought to aim to establish a coherent structure for the promotion and protection of human rights as set out below. Ministry of Culture 15

14 Strong legal and institutional protection For a coherent structure for the promotion and protection of human rights to be sustainable over time and under different sets of conditions, irrespective of changes of government and conflicting interests, it must include strong legal and institutional protection of human rights. Fundamental to this is that Swedish legislation is framed in accordance with all the convention commitments that Sweden has made. The existence of this conformity must be regularly reviewed. This assessment may need to be reviewed subsequent to the legislation being applied. In addition, the more precise meaning of these commitments may come to be clarified through the development of international law. Furthermore, strong institutional protection must exist in the form of institutions that safeguard human rights in people s everyday lives. In this, the right to access to court and the oversight that exists within the public services sector form central, and in all material respects, well-functioning pillars. But access to court or oversight does not in and of itself constitute a guarantee of respect for the convention commitments that might be the focus of a court proceeding or oversight within the public sector. One reason is that Sweden applies the dualist legal system. This means that international commitments on human rights do not automatically become Swedish law. It is instead up to the Government and the Riksdag to ensure that Swedish legislation conforms with these commitments. Although government agencies and courts are to take account of Sweden s convention commitments as far as possible (referred to as consistent interpretation) in the interpretation of national provisions, they are only required to do so within the limits of the wording of the Swedish legislation. In cases where there is a direct conflict between the provisions in national law and an international convention, national law takes precedence. However, the European Convention occupies a unique position as Swedish law since EU law also occupies a unique position in Swedish law in that some provisions of EU law become directly applicable in Sweden as soon as they have been enacted within the EU. Furthermore, according to the principle of the primacy of EU law that follows from the European Court of Justice s case law, EU law is to take precedence over national law if it is found that the content of EU law and national law conflict with each other. 16 Ministry of Culture

15 In light of this, the judicial system and supervisory authorities must be assured of continuous resources and the skills they require in order to be able to fulfil their respective roles in ensuring compliance with Sweden s international commitments on human rights. In addition, an comprehensive institutional analysis of Sweden s international commitments on human rights ought to be carried out. Coordinated and systematic efforts within public services activities In the first instance, it is the responsibility of each country s government to ensure that respect for human rights is upheld. In practice, in addition to that stated above concerning legal and institutional protection, this is done by ensuring that the rights of the individual, such as the right to education, health and social care; as well as freedom of opinion, freedom of expression, and freedom from torture; and through the principle of non-discrimination in the enjoyment of human rights are upheld. In addition, the state also has an obligation to refrain from actions that violate human rights, and a responsibility to protect the population from abuse by non-state actors. If such does occur, the state has a responsibility to investigate the matter and prosecute offenders. As pointed out at the outset, this means that efforts to ensure compliance with Sweden s convention commitments concern a large number of actors within the public sector, at state as well as regional and municipal level. This requires highly systematic work and coordinated efforts. The Government has a key role in the establishment of coordinated and systematic work with human rights, through its agencies as well as through cooperation with municipalities and county councils. Thus, this strategy constitutes a common starting point for the Government, the Riksdag, municipalities, county councils and central government agencies in their work with human rights. The affected actors must be assured access to essential, up-to-date knowledge about Sweden s human rights commitments, and what they mean in terms of requirements on their activities. The initiatives taken throughout the country must have the potential to be potent and the results of the methodology development and learning that occurs must be followed up and shared with other actors. Strong support for work with human rights in civil society and in business In practice, actors in civil society and in business play an important role in promoting compliance with Sweden s convention commitments. Ministry of Culture 17

16 Many civil society organisations actively monitor respect for human rights within public service activities, and also document and criticise violations of these rights. Some of these organisations represent individuals, groups and interests (national as well as international). These organisations thus channel a great deal of knowledge about how human rights are being guaranteed in practice. Besides in general having a policy that promotes good conditions for civil society, the state should specifically support the work of civil society with human rights. Such support ought to include a well-designed system for providing financial aid to the work of civil society in this area. In addition, there ought to be forums for regular consultation on issues related to human rights. The responsibility taken by the business community is also key to Sweden s convention compliance. This applies particularly to Sweden s convention commitments regarding the protection of workers. In this context, the actions of Sweden s business community in Sweden as well as abroad, particularly in countries with weaker institutional protection for human rights than Sweden, is important. Besides legislation and enforcement, human rights policy in business has come more and more to be about promoting and cooperating with the proactive measures undertaken by businesses. The state ownership interests in enterprises constitute an important tool for ensuring that work on human rights remains prominent in the sector. 3.2 Further steps towards a coherent structure As emphasised in Section 2, work with human rights has been actively pursued in large sections of public administration, in parallel with a development in the law which has resulted in international standards on human rights having a greater impact. With this current work and development as the starting point, the Government s strategy for national work with human rights means that, within a number of areas, further steps are being taken towards just such a coherent structure for the promotion and protection of human rights as described above. The measures referred to can be summarised as follows. In order to strengthen the legal and institutional protection of human rights, the Government assesses that a national institution for human rights in 18 Ministry of Culture

17 accordance with the Paris Principles ought to be set up, with the Riksdag as the principal. Furthermore, the Government has announced that the Convention on the Rights of the Child is to be incorporated into Swedish law and preparation of the matter is in progress. The monitoring and evaluation of the impact of an incorporation and future transformation of the Convention on the Rights of the Child may contribute important knowledge on how best to ensure compliance with Sweden s human rights convention commitments, and how best to achieve stronger legal protection for human rights. Both of these processes are described in Section 4. Section 5 describes the Government s measures for coordinated and systematic work with human rights within the public services sector. These measures include a better system for the Government s own work with international convention monitoring, which is very much based on transparency and consultation with civil society. By means of an ongoing special task given to Uppsala University, the Government is enhancing knowledge about human rights among government employees. The Government has a strategic agreement with the Swedish Association of Local Authorities and Regions on the adoption of common measures to strengthen human rights work at the municipal and regional levels. The county administrative boards have been tasked with highlighting, analysing and considering human rights in their activities, and the Dalarna County Administrative Board has a specific coordinating task in the area of human rights. A review of elements dealing with human rights in certain courses of particular relevance at higher education institutions has been conducted, and access to educational material on human rights in schools has also been reviewed. A training programme on human rights is being implemented in adult education. A number of measures are being taken, described in Section 6, with the aim of contributing to strong support for work with human rights in civil society and in business. The Government is in the process of developing new forms of open consultation with civil society. The Government has decided on an action plan for business and human rights. As part of this plan, an analysis of Swedish legislation will be conducted in order to determine if there are any gaps in relation to the UN Guiding Principles on Business and Human Rights. In addition, human rights is an important issue within the Government s state ownership policy within the business community. 3.3 A strategy rather than an action plan The Government s intention with this written communication is somewhat different to the intention behind the two written communications on human Ministry of Culture 19

18 rights submitted to the Riksdag in 2002 and 2006, respectively. Instead of presenting an action plan for human rights as was the case then, the Government is now presenting an overarching strategy for work with human rights. The significance of this is described in the following. The 2002 and 2006 action plans took a broad approach to work with human rights. In addition to matters relating to the coordination of work by municipalities and county councils, these plans also covered efforts to change attitudes, methodology development, and education and training matters. In addition, the plans included concrete measures in a number of specific areas of rights. Examples of these areas where protection against discrimination, the rights of the child, and the rules concerning the use of coercive measures. The vast majority of the measures taken up in these plans referred to these specific areas of rights. Instead, this strategy is limited to addressing overarching and structural issues. The reason for this is that area-specific convention commitments are managed within each respective area of policy. Consequently, it should be reported within each area of policy. The UN Convention on the Rights of Persons with Disabilities is an appropriate example. Sweden s commitments under this convention constitute a key starting point for the Government s disability policy. In this policy, the monitoring of Sweden s convention commitments conducted by the UN Committee on the Rights of Persons with Disabilities forms an important foundation (see for example the budget for 2016, Government bill/prop. 2015/16:1, Expenditure area 9, Section 6.4). Another example is the UN Convention on the Rights of the Child, which relates to several different policy areas, where measures are reported within these areas, while overarching measures to implement the Convention on the Rights of the Child are reported in the context of children s rights policy. The starting point for strategic and systematic work with the rights of the child is the strategy adopted by the Riksdag to strengthen the rights of the child (Government bill/prop. 2009/10:232). Furthermore, the monitoring of convention compliance by the Ombudsman for Children in Sweden along with the monitoring by the UN Committee on the Rights of the Child constitute an important foundation for children s rights policy (see for example the budget for 2016, Government bill/prop. 2015/16:1, Expenditure area 9, Section 8). Sweden s various convention commitments also formed the basis for the Government s gender equality policy, justice system policy, migration policy, development aid policy and so on. 20 Ministry of Culture

19 This written communication also provides an account of ongoing measures, some forward-looking assessments, and measures that are being announced here. The purpose of this is to provide an account of the Government s strategy for national efforts with human rights in a single context, and on the basis of the deliberations described above. Ministry of Culture 21

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21 4. Strong legal and institutional protection of human rights 4.1 A national human rights institution The Government s assessment: A national human rights institution in accordance with the Paris Principles ought to be established in Sweden. The Riksdag ought to be the principal for such an institution. The Delegation s proposal: In agreement with the Government s assessment. The consultation bodies: A very large majority of the consultation bodies either supported or had no objections to the Delegation s proposal that a national human rights institution ought to be established in Sweden. Two consultation bodies, Eskilstuna Municipality and the Confederation of Swedish Enterprise rejected entirely the establishment of such an institution, while three were doubtful: the Public Health Agency of Sweden, Norrbotten County Council and the Swedish Confederation of Professional Associations (SACO). The Confederation of Swedish Enterprise argued that all parts of the public services sector already have a responsibility to comply with conventions on human rights, and that it is therefore unclear what benefit such an institution would have. A majority of the consultation bodies rejected or were doubtful about the Delegation s proposal to establish the national institution for human rights in the form of a new, independent government agency. These included the National Police Board, Swedish Migration Agency, Swedish Agency for Public Management, Stockholm University, the Discrimination Ombudsman (DO) and the Swedish National Board for Youth Affairs (now the Swedish Agency for Youth and Civil Society). The Parliamentary Ombudsmen (JO) is of the view that the Danish and Norwegian examples show that many other options are available, and that it is more appropriate to base a new government agency of this kind within one of the existing government agencies that already have closely allied remits. This view was also put forward by several other consultation bodies, including a large number of individual municipalities and county councils, the Swedish Association of Local Authorities and Regions (SALAR), the Centre for Justice and the Cooperation Group for Ethnic Associations in Sweden (SIOS). The Ombudsman for Children in Sweden (BO) and the Swedish Trade Union Confederation (LO) recommended that, as has occurred in Finland, the national institution for human rights should be established as a unit with the Parliamentary Ombudsmen s secretariat. Ministry of Culture 23

22 Among the consultation bodies that support the Delegation s proposal that these tasks should fall to a new government agency, the following can be mentioned: the Office of the Chancellor of Justice (JK), Uppsala County Administrative Board, Swedish Agency for Participation, National Agency for Special Needs Education and Schools, Living History Forum, Municipality of Gothenburg, and the United Nations Association of Sweden. Among other things, it was argued that such a solution is necessary in order to satisfy the need for a coordinated, comprehensive, systematic approach. A large majority of the consultation bodies supported the Delegation s proposal that a national institution for human rights should be under the control of the Riksdag. JO, the Administrative Court of Appeal in Stockholm, the National Police Board, Swedish Handicap Institute and SACO rejected, and Swedish Agency for Public Management and Uppsala University were doubtful about the proposal. JO is of the view that there are practical reasons that speak against this. With regard to independence, according to JO it is worth noting that Swedish government agencies, in comparison with countries where ministerial rule applies, are manifestly independent even when they formally report to the Government. JO notes that the Delegation also discussed whether JO would be a suitable host for an institution for the protection of human rights. If this idea should be raised again, according to JO, it must be as part of a Riksdag-initiated official inquiry. The Administrative Court of Appeal in Stockholm pointed out that the proposed new institution is not intended to exercise public authority, and for this reason rejected the idea of establishing the agency under the Riksdag. The Evaluator s recommendation: In agreement with the Government s assessment. About national human rights institutions The Paris Principles The Paris Principles refers to the principles relating to the status of national institutions adopted by a UN General Assembly resolution of 1993, National Institutions for the Promotion and Protection of Human Rights (A/RES/48/134). This resolution sets out guidelines for national institutions tasked with the promotion and protection of human rights. The name of the principles derives from having been formulated in Paris two years earlier. In 1993, a Declaration was adopted at the World Conference on Human Rights in Vienna with an Action Programme in which member states were 24 Ministry of Culture

23 encouraged to establish national human rights institutions with regard to the Paris Principles (A/CONF.157/23, 1993). Since the adoption of the Paris Principles and the Vienna Declaration, the Paris Principles have been regularly repeated and confirmed within the UN and, in recent years, also within the Council of Europe and the EU. According to the Paris Principles, a national human rights institution ought to have broad powers to promote and protect these rights and be given an autonomous mandate by means of a constitutional or legislative provision, in which the tasks, composition and sphere of competence of the institution are set forth. In addition to this, the principles deal with the institution s tasks, composition, guarantees for the institution s independence and diversity, and questions concerning its working methods. According to the Paris Principles, the tasks of such an institution ought to include: on its own initiative or at the request of the Government or other competent body, providing advisory opinions, recommendations, proposals and reports on all matters relating to the promotion and protection of human rights; submitting comments on both current legislation and proposed statutes in order to ensure that national legislation and rulings comply with the international conventions on human rights which the country has acceded to, and to ensure that they are applied effectively; drawing the attention of the Government to situations in which human rights are being violated and presenting proposals to rectify these, and if necessary commenting on the Government s positions on such proposals; proposing that the state accedes to international agreements on human rights and ensuring that these are applied effectively; contributing to the reports that the state is required to submit to UN bodies and regional bodies as well as make independent pronouncements pursuant to these; maintaining contacts with UN bodies, regional bodies, and national institutions in other countries that work with human rights issues; assisting in the development of programmes for education and research on human rights, and participating in the implementation of such programmes; taking other steps, primarily in the form of communications and education, in order to increase awareness of human rights. Ministry of Culture 25

24 A national institution may also, but is not required to, be given the power to examine individual complaints of human rights violations. According to the Paris Principles, the appointment of the management of a national human rights institution ought to be effected by an official act that also establishes the specific duration of their mandate. The institution ought to be assured adequate funding in order to be able to fulfil its task, according to the Paris Principles. Within the limits of its area of responsibility, the national institution ought to be able to decide on its own organisation and working methods. Furthermore, the Paris Principles state that a national human rights institution ought to be framed in such a way that it can cooperate with representatives of civil society organisations. Assessment of the status of human rights institutions After a request from a national institution, the Global Alliance of National Human Rights Institutions (GANHRI) through its Sub Committee on Accreditation (SCA) assesses the extent to which national institutions in different countries can be deemed compliant with the Paris Principles and allocates them A, B, or C status. The bodies deemed to comply fully with the Paris Principles are accredited A status, which also makes them voting members of the GANHRI. Members with A status may also participate actively in the sessions of the UN s Human Rights Council. National bodies which are deemed only partially compliant with the Paris Principles are accredited B status, which means that they are given observer status without the right to vote. They may not either take the floor or submit documentation to the Human Rights Council. National institutions deemed not to be even partially compliant with the Paris Principles are accredited C status and are thus denied membership of the GANHRI. National human rights institutions in other countries The GANHRI has accredited 75 national human rights institutions with A status, of which 25 are in Europe. The Danish Institute for Human Rights (Institut for Menneskerettigheder) has existed in Denmark since 1987, and in 2002 was accredited A status by the GANHRI. The mission of the Institute includes advice to the Danish parliament and government, education, communications, documentation, and research. The Institute also works for human rights in other countries, in 26 Ministry of Culture

25 West Africa and the Middle East, for example. The Institute is also tasked with promoting, protecting and monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities. A human rights institution was established in Finland in 2012 attached to the Office of the Parliamentary Ombudsman. This institution consists of a Human Rights Centre, a Human Rights Delegation, and the Parliamentary Ombudsman. This Institution has been accredited with A status by the GANHRI. The Human Rights Centre has an advisory function. The Centre is tasked with promoting information, education, training and research associated with fundamental and human rights; drafting reports and issuing statements on how fundamental and human rights are being safeguarded; and participating in European and international cooperation on human rights. The Centre cannot issue a binding statement of opinion and does not either handle complaints or deal with other individual cases. The Centre is headed by a Director appointed by the Parliamentary Ombudsman. The Human Rights Delegation in turn is composed of representatives from research institutions, organisations, and government agencies. The Delegation is appointed by the Parliamentary Ombudsman. The Delegation is tasked with functioning as a national cooperative body for actors in the area of fundamental and human rights, and deals with broad matters of principal within the area. Finally, the Parliamentary Ombudsman is also part of the Institution in that the Parliamentary Ombudsman deals with individual complaints in accordance with the optional clauses that deal with this in the Paris Principles. In 2015, Norway established a national human rights institution, the Norwegian National Human Rights Institution (Norges nasjonale institusjon for menneskerettigheter). The Institution is an independent body and carries out its tasks autonomously. It determines itself how it is to be organised and how its work is to be carried out. The Institution has replaced the previous Norwegian Centre for Human rights which had B status. The Institution s task is to monitor and report on the human rights situation in Norway. The Institution is to present proposals for safeguarding Norway s compliance with its human rights commitments, and advise the Ministry of Culture 27

26 Storting, the Norwegian government, the Sami parliament and other public and private actors on the implementation of human rights. The Institution is also tasked with disseminating information about human rights, including providing guidance to individuals about national and international complaints mechanisms; and promoting education and research in human rights. The Institution is to participate in international cooperation to promote and protect human rights. However, the Institution is not tasked with hearing individual complaints. Its Board of Directors is appointed by the Storting. Sweden has no institution implementing the Paris Principles In Sweden, there are currently several government agencies whose tasks correspond in part, or are related, to the tasks that a national human rights institution should have according to the Paris Principles. These include JO, JK, DO and BO. There are some points in common between the review required by the Paris Principles and JO s existing supervisory activities. The fact that JO s supervisory powers already cover the Instrument of Government s chapter on rights and freedoms as well as the European Convention also means that the essential elements of human rights emanating from Sweden s international commitments are already taken up in JO s review. Furthermore, the Living History Forum may be mentioned in this context, whose task is to work with issues related to tolerance, democracy and human rights, using the Holocaust and other crimes against humanity as its starting point; along with the Swedish Agency for Participation, which is tasked with coordinating disability policy throughout Sweden and hastening the development of a society in which everyone can participate, regardless of their functional ability. The only one of the aforementioned government agencies tasked explicitly with monitoring Sweden s international human rights commitments, regardless of whether they have been transposed into Swedish legislation, is the Ombudsman for Children in Sweden (BO). Under the Ombudsman for Children Act (SFS 1993:335), its task includes representing the rights and interests of children and young people in light of Sweden s undertakings under the UN Convention on the Rights of the Child (CRC); and to monitor compliance with and promote the implementation of the CRC. The Ombudsman for Children in Sweden has not sought A status accreditation from the GANHRI. 28 Ministry of Culture

27 In 2011, DO was downgraded from A to B status by the GANHRI. In its explanatory memorandum, the GANHRI stated that DO s mission is limited to issues of equal rights, and that its autonomy is compromised in that the Government both appoints and can remove the ombudsman from office, without clear criteria being established for these procedures. Sweden has accepted recommendations on the establishment of a human rights institution In the UN s review of Sweden in 2015 as part of its Universal Periodic Review (UPR), Sweden received recommendations from nineteen countries concerning the establishment of a human rights institution in accordance with the Paris Principles. In the Government s response, presented in June 2015, Sweden accepted these recommendations. Sweden argued that in the strategy for work with human rights, which the Government intended to present to the Riksdag (this written communication), an important step would be to describe how independent monitoring of the implementation of human rights in Sweden might be organised; and that the strategy would include measures to mandate a national government agency for human rights to promote and protect human rights in accordance with the Paris Principles. Reasons for the Government s assessment The Government shares the Delegation s and the Evaluator s view that a human rights institution in accordance with the Paris Principles ought to be established in Sweden. The Government elaborates on the reasons for this below. It would make possible an independent review of Sweden s compliance with all its convention commitments The Government considers that a central part of a coherent structure for the promotion and protection of human rights is the existence of an institutional review body for Sweden s convention compliance. It is not sufficient to have only established an institution within the area of the Convention on the Rights of the Child with a mandate to monitor Sweden s convention compliance. A function ought to be mandated to review Sweden s convention compliance in all areas of human rights. The guarantee of rights implied by the individual s right to access to court does not fulfil this need. As has been mentioned above, the right to access to court or oversight within the public sector does not in and of itself Ministry of Culture 29

28 constitute a guarantee of respect for the convention commitments that might arise in a trial or oversight. Furthermore, JO s review is restricted in the formal sense to the rights of the individual under national laws and regulations, including the European Convention. Even if JO in some sense is freer in practice to observe Sweden s other convention commitments, in this context JO s investigations are significantly restricted in that JO in all material respects is focused on concrete instances of maladministration. As a rule, structural aspects, including the extent to which Swedish legislation is in accord with Sweden s convention commitments, are not generally investigated. The reviews by international monitoring mechanisms do not either provide a sufficiently comprehensive review of Sweden s convention compliance. Such mechanisms are lacking for a number of areas of human rights, but even so, the mechanisms that do exist lack the continuity, effectiveness or strong national support required to ensure a thorough review. An important resource established also in other respects As described above, besides reviewing the country s convention compliance and submitting recommendations, the Paris Principles prescribe a number of additional tasks for a national human rights institution. These include maintaining contacts with international bodies and assisting in the development of programmes for education and research. The establishment of a national human rights institution thus means the establishment of a resource in these respects as well, with a broad mandate covering all of Sweden s convention commitments. The institution would thus have a supplementary role in relation to the work that DO, BO and other government agencies currently do within their respective areas. As the Evaluator pointed out, the institution may thus constitute a unifying, driving force; a motor to prevent a situation where what is everyone s responsibility in reality becomes no one s responsibility. Swedish foreign policy and development cooperation strengthened From a foreign policy perspective too, there is good reason for Sweden to establish a structure for the protection and promotion of human rights that is consistent with the Paris Principles. Ever since the birth of the UN, great emphasis has been placed within the UN system on the existence of effective national structures for the 30 Ministry of Culture